Our authors are experts in their field and include barristers, solicitors, judges, mediators, academics experts from a range of related disciplines.

Nihar Lovell

Professional Support Lawyer
Nihar Lovell is a professional support lawyer in the banking litigation team at Herbert Smith Freehills LLP. Email: nihar.lovell@hsf.com

Articles by author

Financial product mis-selling claims against banks: the increasing willingness of the English courts to strike out allegations of fraud in “appropriate” cases

Traditionally, in a financial product mis-selling context, claims against financial institutions involving allegations of fraud, LIBOR manipulation and unlawful means conspiracy have not been amenable to strike out or summary determination. However, the English courts are increasingly demonstrating a willingness to deal with opportunistic claims against banks (and other third parties) involving allegations of fraud without the need for a full trial, in “appropriate” cases. Two recent High Court judgments provide guidance on when the court will consider it appropriate to do so: Boyse (International) Limited v Natwest Markets plc & Anor3 and Elite Properties and Ors v BDO LLP.4

1 JAN 2021

Merricks v Mastercard: the litigation risks for the financial services sector

The recent decisions in the Merricks v Mastercard litigation will most obviously have a significant impact on the competition class actions regime, but may also have repercussions for the wider litigation landscape, particularly in relation to mass consumer claims. In this article, we consider the potential litigation risks for the financial services sector.

1 DEC 2021